SRC-BWC S.B. 1126 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1126
77R7456 GWK-DBy: Ogden
Criminal Justice
3/26/2001
As Filed


DIGEST AND PURPOSE 

As proposed, S.B. 1126 addresses a problem raised in a holding by the Third
Court of Appeal.  In Travis County Appellant, v. J.S.H., Appellee and
C.E.G.K., Appellee, the court held that since an admitted, unadjudicated
offense in Section 12.45 does not result in a "final conviction" as that
term is used in Article 55.01, then such an offense can be expunged
(erased) from the offender's record.  S.B. 1126 amends the Code of Criminal
Procedure, so that admissions of unadjudicated offenses in Section 12.45,
Penal Code, are taken into account by a trial court in assessing punishment
in expunction proceedings.  This bill does not permit an admitted,
unadjudicated offense to be expunged, thereby keeping such an offense in a
defendant's criminal record. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 55.01(a), Code of Criminal Procedure, to set
forth a list of requirements that are needed to be meet in order to have a
felony or misdemeanor expunged from a person's record including: if the
person has been released and the charge, if any, has not resulted in a
final conviction or an admission of guilt under Section 12.45 (Admission of
Unadjudicated Offense), Penal Code, and is no longer pending, and there was
no court ordered community supervision under Article 42.12 of this code. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  upon passage or September 1, 2001.